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Montana sheep farmer Beatrice receives a notice from the federal Bureau of Land Management (BLM) informing her that she is in violation of a law
Montana sheep farmer Beatrice receives a notice from the federal Bureau of Land Management (BLM) informing her that she is in violation of a law allowing sheep grazing on public lands for a maximum of 20 days each month. The BLM alleges that she averaged nearly 25 days per month over the past 12 months. As a penalty, her sheep will be denied access to public lands for the next two years. Beatrice believes this is an unconstitutional taking in violation of the 5th Amendment to the U.S. Constitution and decides to sue the BLM. While she can't put a dollar figure on her losses, Beatrice reasons that her liberty is "priceless" and just wants the court to issue an injunction against the BLM.
a. [5 Points] Beatrice would like to file her claim in the Montana state court. Can she do so? Explain your response.
b. [5 Points] Can Beatrice instead file her claim in a Montana federal court? Explain.
c. [10 Points] After filing suit, suppose Beatrice attempts a resolution of her dispute through mediation. During mediation, Beatrice angrily admits that she was fully aware of the grazing limitations and purposely ran afoul of the law to "stick it to big government!" Mediation is unsuccessful and the case proceeds to trial.
What impact is Cindy's statement at mediation likely to have on the trial? Explain.
d. [5 Points] Assume a jury rules in favor of the BLM and Beatrice decides to appeal. She is convinced the verdict was largely the result of the judge mistakenly admitting hearsay evidence regarding her personal knowledge of federal law. She also believes the jury gave too much weight to the testimony of BLM officers and too little weight to the testimony of her family members (who, admittedly, looked a little scruffy in their ranch clothes).
Which of these two grounds provides Beatrice with her best chance of success in overturning the lower court verdict? Explain
